- Aug 14, 2018
- Reaction score
BBMI think the legal issues wrt "accessory after the fact" would be:
- did they know Brian killed Gabby
- if so when did they know it
- although Brian confessed to killing Gabby, he was never found guilty in a court of law
- can a person be legally found guilty of being an accessory if the person you helped was never convicted of the crime which you are alleged to have been an accessory to
That sent me searching. I came up with:
"An accessory-after-the-fact is someone who assists 1) someone who has committed a crime, 2) after the person has committed the crime, 3) with knowledge that the person committed the crime, and 4) with the intent to help the person avoid arrest or punishment. An accessory after the fact may be held liable for, among other things, obstruction of justice."
Everything I'm reading so far has said: "someone who has committed a crime, after the person has committed the crime, or with knowledge that the person committed the crime..." No where have I found where the original person had to be convicted of the crime.
An accessory after the fact means helping someone else after the crime had been committed.
- the defendant knew that the perpetrator had committed a felony, OR been charged or convicted of one
- after the commission of the felony, the defendant harbored, concealed, or aided the perpetrator, and
- the defendant intended that the perpetrator avoid or escape arrest, trial, conviction, or punishment.2
An accessory to a crime is someone who helps to commit the offense, even if he or she was not actually present during its commission.
I don't believe the original person had to be convicted for person who is an accessory after the fact to be charged.
"As for BL's death bed confession. A deathbed confession can be admissible evidence in court under the right circumstances. If someone confesses knowledge of a crime [let alone confesses to the crime] and then dies or their condition worsens, the law does not consider the statement to be hearsay and can be used in a criminal trial."
Italics are mine.